Browsing All posts tagged under »res judicata«

BLACKMAIL: Using Restraining Orders to Extort and Punish

October 14, 2014

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“A blackmailer could attempt to blackmail someone with a threat to accuse him falsely, but we should expect such cases to be rare because the victim has a good remedy: sue the blackmailer for defamation. Good but not perfect, because the blackmailer may not have the resources to pay a legal judgment. Criminalizing this form […]

A Legislated License to Lie: Nothing CAN’T Be Falsely Alleged on a Restraining Order

May 12, 2014

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Battery, rape, child molestation—any heinous allegation imaginable can be made in a petition for a restraining order, and it can be made falsely without consequence to the accuser. Victims of false allegations often ask incredulously, “Can somebody say that?” There’s nothing that can’t be alleged to the courts (or, for that matter, to the police). […]